PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
Competition Law Series
„FIGHTING CARTELS UNDER THE HONG KONG
COMPETITION ORDINANCE:
LESSONS FROM THE EUROPEAN UNION‟
Organisers
CUHK Faculty of Law‟s Centre for Financial Regulation and Economic Development
European Union Academic Programme Hong Kong
Conference Director
Prof. Sandra Marco Colino
(Chinese University of Hong Kong)
Programme
Friday, March 27 2015
13:30 - 14:00
REGISTRATION
14:00 - 14:30
WELCOME ADDRESSES
Jean-Pierre Cabestan (EUAP Director, Baptist University of Hong Kong)
Robin Huang (CFRED Director, Chinese University of Hong Kong)
14:30 - 14.45
KEYNOTE SPEECH
The Competition Commission and Cartels
Anna Wu
(Chairperson, Hong Kong Competition Commission)
14:45 – 16:15
SESSION 1: ASSESSING THE EFFECTIVENESS OF THE HONG KONG
COMPETITION ORDINANCE
Chair:
Marc Waha
(Norton Rose)
The Effectiveness of Cartel Detection, Prosecution and Punishment under
the HK Competition Ordinance
Clara Ingen-Housz (Linklaters, Hong Kong)
Follow-on Damage Claims: Developments in Hong Kong and the EU
Sebastien Evrard (Jones Day, Hong Kong)
16:15 - 16:45
Coffee Break
16:45 - 18:15
SESSION 2: CARTEL INVESTIGATIONS
Chair:
Thomas Cheng
(University of Hong
Kong)
The Defence's View:
Challenges of Responding to EU Cartel
Investigations
Marc Waha (Norton Rose, Hong Kong)
Leniency in Spain: Assessment of Its Implementation
Jerónimo Maíllo González-Orús (CEU San Pablo University, Madrid)
1
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
18:15 - 19:45
Chair:
Alison Jones
(King‟s College
London)
SESSION 3: CARTEL ENFORCEMENT IN CHINA AND HONG KONG
Cartel Enforcement in the People’s Republic of China
Thomas Cheng (University of Hong Kong)
Punishing Cartel Behaviour: Means to Encourage Compliance with the
Hong Kong Competition Ordinance
Sandra Marco Colino (Chinese University of Hong Kong)
Saturday, March 28 2015
14:00 - 14:30
BOOK PRESENTATION
“Cartels in Asia: Law and Practice” edited by Thomas Cheng, Sandra
Marco Colino and Burton Ong
14:30 - 16:00
SESSION 4: SPECIFIC ISSUES RELATING TO CARTELS IN HONG KONG
AND THE EU
Chair:
Cartelisation through Trade Associations: the EU and Hong Kong
Burton Ong
Experience
(National University Kelvin Kwok (The University of Hong Kong)
of Singapore)
Bid-Rigging in Hong Kong
Knut Fournier (City University of Hong Kong)
16:00 - 16:30
Coffee break
16:30 - 18:00
SESSION 5: THE CARTEL OFFENCE
Chair:
Jerónimo Maíllo
González-Orús
(CEU San Pablo
University)
18:00 - 19:30
The UK Response to the Global Effort Against Cartels: Is Criminalization
Really the Solution?
Alison Jones (King‟s College London)
Issues Relating to Criminal Enforcement: the US and UK Experience
Mark Furse (University of Glasgow)
SESSION 6: INTERNATIONAL CARTELS: EXTRATERRITORIALITY AND
„EFFECT ON TRADE‟ CONCEPT
Chair:
Extraterritoriality and International Cartels in Singapore
Sandra Marco Colino Burton Ong (National University of Singapore)
(CUHK)
The Interpretation of the Concept of the Effect on Trade Concept by the
National Competition Authorities of the “New” EU Member States: Another
Legal Partition of the Internal Market?
Alexandr Svetlicinii (University of Macau)
19:30 - 20:00
CLOSING REMARKS
Prof. Sandra Marco Colino (Chinese University of Hong Kong)
2
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
Keynote Speaker

Speakers
The Honourable Anna Wu (Hong Kong Competition Commission)
The Competition Commission and Cartels
Ms. Anna Wu is a member of the Executive Council and a lawyer. She chairs the
Academic Board of the Postgraduate Certificate in Laws of the University of
Hong Kong and is a member of the International Advisory Board of the Hong
Kong International Arbitration Centre. She previously served as a member of the
Legislative Council and as the Chairperson of the Mandatory Provident Fund
Schemes Authority, the Equal Opportunities Commission, the Consumer
Council and the Operations Review Committee of the Independent Commission
Against Corruption. Ms. Wu was also a member of the Law Reform Commission
and the Hospital Authority. She was a Director of the Hong Kong Mortgage
Corporation Limited and a Non-executive Director of the Securities and Futures
Commission.
Other speakers (in alphabetical order)

Prof. Thomas Cheng (University of Hong Kong)
Cartel Enforcement in the People’s Republic of China
Summary: This presentation will examine how the Chinese courts and the
enforcement authorities, especially the NDRC, have enforced the prohibition
against cartels. It focuses on whether the courts and the NDRC have required
any demonstration of anticompetitive effects, or are content with a proof of the
existence of the cartel arrangement, and whether the courts and the NDRC have
entertained any justifications for cartels.
Bio: Thomas Cheng is an associate professor at the Faculty of Law of the
University of Hong Kong. He received a Bachelor of Arts degree from Yale
College, and a Juris Doctor degree from Harvard Law School, and a Bachelor of
Civil Law degree in European and Comparative Law from the University of
Oxford. His research focuses on competition law and policy issues, especially
comparative competition law and competition law in developing countries. He is
a member of the Competition Commission, Administrative Appeals Board, the
Energy Advisory Committee, and the Committee on Slots Complaints. He has
assisted the Hong Kong government in drafting the city's first comprehensive
competition law. He is also a member of the executive board of the Academic
Society for Competition Law (“ASCOLA”).

Mr. Sebastien Evrard (Jones Day, Hong Kong)
Follow-on Damage Claims: Developments in Hong Kong and the EU
Summary: The presentation will cover: the European Commission's efforts to
promote follow-on damages claims; the Directive on antitrust damages action;
3
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
the Recommendation on Collective Redress; recent case law on access to
leniency statements; and some thoughts on the limitations on damage claims
under the Hong Kong Competition Ordinance.
Bio: Sébastien Evrard handles complex antitrust matters in Asia and the
European Union, including merger control, nonmerger investigations, and
litigation. His practice also focuses on the antitrust aspects of intellectual
property rights. His experience spans a wide range of industries including
airlines/aviation, energy/mining, media/entertainment, software/hardware,
telecommunications, pharmaceuticals, transport, and fast moving consumer
goods (FMCG). Representative clients include Air China, Adobe, American
Airlines, Apple, Chevron, Entreprise des Postes et Télécommunications, ICANN,
KPN Group, Lam Research, and Procter & Gamble.
Sébastien practiced in Brussels, New York, and Beijing before relocating to
Hong Kong. Prior to joining Jones Day, he developed experience with all
aspects of intellectual property (copyright, trademarks, patents, databases) and
information technology (computer law, computer crime, privacy, and ecommerce). He is a coauthor of Anti-Monopoly Law and Practice (Oxford
University Press, 2011), a treatise on competition law in China, and Competition
Law In China: Laws, Regulations, and Cases (Oxford University Press, 2014). He
also has published several articles related to competition, intellectual property,
and information technology law; is a frequent speaker at international
conferences; and has served on the board of the Brussels Young Bar
Association.

Mr. Knut Fournier (City University of Hong Kong)
Bid-Rigging in Hong Kong
Summary: I will discuss the pre-Ordinance cartel cases in Hong
Kong. Through a look at COMPAG cases (laundry shops, driving lessons...)
and bid-rigging court cases (Tai Po Market and Gammon) I try to understand
how these early cases have shaped the need for and the format of the
Competition Ordinance. A loo at recent cases in Malaysia help to understand
how some of the bid-rigging cases that call for competition law enforcement
cannot be solved by an incomplete competition legislation.
Bio: Knut Fournier is teaching law at the City University of Hong Kong and
finishing a PhD in competition law at the University of Leiden. Prior to moving
to Hong Kong, Knut worked as a monitoring trustee for competition authorities
in Europe, in the United States, in Brazil and in China. He published extensively
on competition law, including recently on Hong Kong telecom merger remedies,
and on competition policy and the Hong Kong broadcasting sector. He holds
law degrees from the University of Paris and from King College London. Last
year, Knut was an Academic Visitor at the University of Oxford. He is currently
the Chairperson of the Hong Kong Competition Association.

Prof. Mark Furse (University of Glasgow)
Issues Relating to Criminal Enforcement: the US and UK Experience
4
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
Summary: My presentation focusses not on the question whether criminal
sanctions should be applied to cartelists at the individual level – I take that as a
starting point, but rather, with the focus on jail sentences; (1) what the United
States‟ („US‟) experience tells us; (2) how the experience of criminalising cartel
participation has developed in the UK; and (3) how might a criminalisation
project respond to the challenges evidenced. Because criminalisation has
worked effectively in one context does not mean that it will do so in a different
context. The United Kingdom („UK‟) experience has been disappointing, and
this is not only driven by the fact that its law sits alongside European Union („EU‟)
competition law, a complicating factor that is not faced by the US enforcement
authority (the Department of Justice („DOJ‟)). I will deal first with the experience
in the US; then with the experience in the UK with reference to the Enterprise Act
2002 („EA02‟) and the Cartel Offence; then offer some conclusions.
Bio: Mark Furse is Professor of Competition Law and Policy at the University of
Glasgow. Mark has masters degrees in both Law and in Economics, and has
been working with competition law for 30 years. Mark has taught at some of the
world‟s leading universities, including the London School of Economics, Hong
Kong University, Yonsei University in Seoul, and Lund University in Sweden. He
is currently a Senior Fellow at The University of Melbourne. Mark has been
involved in judicial training and in institutional capacity building in the area of
competition law.
Mark has particular interest in the UK competition law system, and in the
Chinese system. He is joint editor of the United Kingdom Competition Law
Reports, and a general editor of Butterworths Competition Law Service. He is
also on the editorial boards of the European Competition Journal, and the
European Competition Law Review. He wrote the first six editions of one of the
leading English language student textbooks in competition law, Competition
Law of the EU and the UK. Mark has paid particular attention to the
criminalisation of competition law in the UK, his most recent book being The
Criminal Law of Competition in the UK and in the US: Failure and Success (2012,
Edward Elgar).

Ms. Clara Ingen-Housz (Linklaters, Hong Kong)
The Effectiveness of Cartel Detection, Prosecution and Punishment under
the HK Competition Ordinance
Summary: I will review and assess the expected effectiveness of the
administrative and judiciary procedures set out in the Ordinance with
regards to enforcement against hard-core cartels at detection,
prosecution and punishment stages. To “stress-test” the Hong Kong
proposed regime, I will use a comparative approach looking at methods
which have proven to be successful in a European context as well as
practices which have been less satisfactory. I will finish by making
suggestions with a view to maximise the efficiency of the proposed
procedure in Hong Kong.
5
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
Bio: A partner based in Hong Kong, Clara leads Linklaters‟ Asia competition
and antitrust law practice. She advises multinational companies on Asian
competition law issues, and Asian companies on global antitrust matters. Her
experience of close to 15 years spans three continents. In Europe, she was a
member of the Competition Department of the Legal Service at the European
Commission, advising and litigating on behalf of the Commission on merger,
cartel and abuse cases in a wide range of industries. In the United States, she
practised for close to ten years at top-tier New York firms, focusing on US
merger control and private antitrust litigation. In Asia since 2010, Clara has
developed a strong regional competition practice with specific expertise in
China and Hong Kong. As a former official, she has long standing working
relationships with regulators across the region and has been involved in
transactions and investigations in a number of jurisdictions including China,
Singapore, Vietnam, Indonesia, Korea, Taiwan, Australia. She has significant
experience in multijurisdictional merger filings, anti-competitive agreements,
dominant firm analysis, distribution network structuring and compliance. She
also has a broad array of industry knowledge, including in the insurance and
financial services, pharmaceutical, energy/natural resources and IT sectors.

Prof. Alison Jones (King‟s College London)
The UK Response to the Global Effort Against Cartels: Is Criminalization
Really the Solution?
Summary: The article presented examines the global effort against hard core
cartels and, in particular, the increasing tendency for states to introduce criminal
cartel regimes. It notes that, despite this tendency, few jurisdictions, aside from
the US, have been successful in imprisoning individuals involved in cartel
conduct. The article considers why this might be, focusing on the difficulties and
problems that have been encountered with the criminal cartel offence in the UK.
The article discusses both theoretical and practical obstacles which appear, up
until now, to have undermined the force and effectiveness of the UK regime and
led to concerns about its scope. Given the difficulties identified, the article
concludes that caution should be exercised before a state, intent on increasing
deterrents to cartel activity, decides to criminalize such conduct. Rather, it
recommends that such jurisdictions should consider not only criminalization of
cartel activity but whether steps to enhance civil enforcement might be a
preferable and more efficient solution for increasing the force of, and respect for,
cartel rules.

Bio: Alison Jones is Professor of Law at King‟s and a solicitor at Freshfields
Bruckhaus Deringer LLP. Prior to joining King's in 1992, Alison read law at
Girton College, Cambridge, worked at Slaughter & May and completed a BCL
at Christ Church, Oxford. Since joining King‟s she has taught Competition Law
(EU, UK and US), Trusts, Property, and EU law.
Alison is co-author of Jones and Sufrin on EU Competition Law, a Regional
Editor for The Restitution Law Review and writes two of the Centre of European
Law‟s modules for the Diploma in EU competition law. She is also Director of
the LLB Law with European Legal Studies programme.
6
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015

Mr. Kelvin Kwok (University of Hong Kong)
Cartelisation through Trade Associations: the EU and Hong Kong
Experience
Summary: Indirect cartelisation through trade associations is a common
phenomenon in both Hong Kong and the EU. This presentation will look
at past examples of trade association cartelisation in Hong Kong, the EU
and elsewhere, and how they have been or can be tackled under their
legal regimes. This presentation will highlight potential differences
between Hong Kong law and EU law as they relate to trade association
cartelisation.
Bio: Kelvin Kwok, Assistant Professor of Law, University of Hong Kong (HKU),
specialises in competition law, intellectual property law, tort law, and law and
economics. A graduate of HKU and the University of Chicago, he taught briefly
at the HKU Faculty of Business and Economics before joining the Faculty of
Law in August 2012.
Kelvin has served as the Deputy Director of the BBA Law double-degree
programme, a HKU team coach for the Oxford International Intellectual Property
Moot, and a co-opted member of the Hong Kong Consumer Council. He is
regularly consulted to advise on legal matters relating to competition law and
interviewed by the local media on competition law issues.

Prof. Jerónimo Maíllo González-Orús (CEU San Pablo University, Madrid)
Leniency in Spain: Assessment of Its Implementation
Summary: Leniency for cartel fines was introduced in Spain in 2008. Since then,
19 decisions of the Spanish antitrust authority have dealt with the possibility of
granting immunity or a reduction of a cartel fine. This contribution will review and
assess both the design and implementation of the Spanish leniency program.
Regarding design, the Spanish program have as sources of inspiration the EU
leniency program (as explained in the 2006 EC Leniency Notice) and the ECN
Leniency Programme (as revised in November 2012). Its main characteristics
can be summarized as follows: first, regulation at a triple level (parliamentary act,
secondary regulation and soft law); second, just for cartels (as defined by the
parliamentary act); third, only administrative leniency; fourth, for both
undertakings and their directors; fifth, both immunity and reductions are
available (also partial exemptions); sixth, both the arrival order and the level of
information/evidence provided are the crucial factors to obtain leniency; seventh,
respect of the cooperation and good faith duties are indispensable for leniency
applicants; eighth, only cartelists who coerce others to participate in the cartel
are excluded from immunity; they can nevertheless benefit from a fine reduction.
These characteristics will be the axes to present and explain the Spanish
program.
Regarding implementation, the contribution will look into the 2013 Spanish
Leniency Notice and above all on the 19 decisions adopted by the Spanish
7
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
Antitrust authority to detect how the aforementioned principles have been
applied and interpreted, where difficulties or controversies have arisen and how
they have been solved. The analysis will also focus on other issues such the
profile of the applicant, the type of cartel detected, domino‟s effects or the
percentage of cartel infringements whose detection is originated in a leniency
application. I will end with an assessment of the final outcome and its present
and future challenges.
Punctual references will be made to EU Leniency, where appropriate, at the
level of design, implementation and assessment.
Bio: Prof. Maíllo González-Orús is full-time Associate Professor of European
Union Law at the Law School (CEU San Pablo University, Madrid) and Head of
the Public Law Department. He is Senior Research Fellow at the Institute for
European Studies and Coordinator of its Centre for Competition Policy, where
he coordinates a Master in International Business Law and a Master in
European Union (and its related PhD Program in European Studies).
He holds an LLM with honors on EU Law from the College of Europe (Bruges),
was a PhD researcher at the European University Institute (Florence, Italy) and is
Doctor in law with honors (European Doctorate) at CEU San Pablo University.
His research interest focuses on competition law and on other aspects of
economic regulation, both in Europe and in other world areas. He has been
appointed as an EU Competition Law and Single European Market expert in
several international training and research projects. He has published
extensively in the area of Competition Law (author of a monograph and a
textbook, editor of 12 other books, and author of more than 35 articles in legal
journals and book chapters). He is currently leading a research project on The
Fight against Cartels in Spain and in Europe, financed by the Spanish Ministry
of Economy and Competitiveness

Dr. Sandra Marco Colino (Chinese University of Hong Kong)
Punishing Cartel Behaviour: Means to Encourage Compliance with the
Hong Kong Competition Ordinance
Summary: This contribution assesses the effectiveness of the Hong Kong
Competition Ordinance by focusing on how cartel activity is punished. It will
discuss whether such punishment is suitable to efficiently deter this kind of anticompetitive activity. The Ordinance has introduced an array of sanctions which
are traditionally used in competition regimes around the world. When a
company is found to have breached the CO, remedies and pecuniary penalties
may be imposed on the corporation. In addition, individual sanctions are also
contemplated, and directors may be disqualified in certain cases. Interestingly,
harsher sanctions may be imposed on individuals who breach the procedural
rules, including fines and even imprisonment. Despite the enthusiasm
surrounding the long-awaited implementation of the cross-sector legislation, the
complex adoption process has considerably weakened the sanctions available
under the new law. The presentation will explore ways in which these penalties
can be used to their full potential.
8
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
Bio: Sandra Marco Colino joined the Faculty of Law of the Chinese University of
Hong Kong in 2010, and has been an Assistant Professor since 2013. She is the
Deputy-Director of the European Union Academic Programme in Hong Kong,
and the Director of the Centre for Financial Regulation and Economic
Development. Before moving to Hong Kong she was a Lecturer in EU Law at
the University of Glasgow. Her main teaching and research interests lie in the
fields of competition law, communications law, EU law and the regulation of
gambling. In 2007 she was awarded a PhD from the European University
Institute in Florence. She also holds an LLM in EU Law from the Universidad
Carlos III of Madrid. A qualified lawyer in Spain and a member of the Madrid Bar,
Dr. Marco Colino has been a trainee at the European Commission and the law
firm 'Miguel Cid y Asociados'. She has been a Visiting Scholar at UWMadison, UC Berkeley, the University of Melbourne and the University of
Birmingham. She is the Hong Kong news correspondent for the European
Competition Law Review.

Prof. Burton Ong (National University of Singapore)
Extraterritoriality and International Cartels in Singapore
Summary: 2014 saw two landmark competition law infringement decisions
issued by the Competition Commission of Singapore (CCS) against foreign
parties with Singapore subsidiaries, with the harshest penalties imposed by the
CCS since its inception in 2006. This presentation will examine the various
bases on which liability was imposed on these foreign parties for (1) anticompetitive conduct outside of Singapore; and (2) anti-competitive conduct
within Singapore perpetrated by their local subsidiaries. It will also examine
some of the distinctive features of these cartel cases compared to the more
prosaic infringement decisions of the CCS in previous years."
Bio: Dr Burton Ong, LLB (NUS), DPhil/BCL (Oxon), LLM (Harv) is an Associate
Professor at the Faculty of Law of the National University of Singapore where he
teaches and researches in the areas of Competition Law, Intellectual Property
and Contract Law. He is the Director of Competition Law Research at the Centre
for Law and Business and a consultant to both public and private sector clients
in matters relating to competition law and policy in Singapore. Together with
Thomas Cheng and Sandra Marco Colino, he is an editor of, and contributor to,
"Competition Law and Cartels: An Asian Perspective" (forthcoming, Kluwer).

Dr. Alexandr Svetlicinii
The Effect on Trade Concept in the EU
Summary: Regulation 1/2003 has recently celebrated its tenth anniversary. By
empowering national courts and national competition authorities (NCAs) to
directly enforce Articles 101-102 of the Treaty of the Functioning of the
European Union (TFEU), Regulation 1/2003 has substantially increased the
degree of enforcement of EU competition rules: nowadays, most of the
decisions sanctioning breaches of Articles 101-102 TFEU are adopted by the
NCAs, rather than by the EU Commission. Under Article 3(1) Reg. 1/2003, NCAs
must apply Articles 101-102 TFEU when the anti-competitive practices “may
9
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
affect trade between Member States”. During the last decade, the NCAs from
the “old” EU Member States have notified a larger number of the envisaged
decisions to the EU Commission in comparison to the NCAs of the “new” EU
Member States. The lower number of notifications might thus be due to a
“narrower” interpretation of the concept of intra-community trade by the NCAs
of the “new” EU Member States, rather than due to the lack of resources or
independence of these authorities. The paper aims at verifying this hypothesis
by analyzing the interpretation of the concept of intra-community trade by the
NCAs of seven jurisdictions selected among the “new” EU Member States,
which have joined the EU in 2004 (i.e. Poland, Czech Republic, Slovakia and
Estonia), 2007 (Bulgaria and Romania) and 2013 (Croatia). Contrary to the
impression provided by the official statistics of the European Competition
Network, the paper claims that the NCAs of the “new” EU Member States are
not “less active” in competition enforcement, but they have rather relied on the
national rather than EU competition law as legal basis for their infringement
decisions. The reliance on the national competition law as legal basis is
explained by a “narrow” interpretation of the concept of intra-community trade in
comparison to the EU Guidelines and the relevant ECJ case law.
Bio: Alexandr Svetlicinii is an assistant professor at the University of Macau,
Faculty of Law, currently also Acting Programme Coordinator of Master of
International Business Law in English Language. Dr Svetlicinii received his law
degree at the Free International University of Moldova (Chisinau), LL.M
International Business Law (Cum Laude) with specialization in EU law at the
Central European University (Budapest), Master of Research (Law) at the
European University Institute (Florence) and PhD in Law at the European
University Institute (Florence) with the doctoral dissertation titled “Assessing
Non-Horizontal Mergers: the Role of Legal Rules and Integration of Economic
Analysis”. Prior to joining the University of Macau, Dr Svetlicinii has completed
his post doc research project titled “Transplantation of the EU competition rules
and standards in a small market economy: case of Estonia from regional, EU
and international perspective” as a Senior Research Fellow at the Tallinn
University of Technology, Tallinn Law School. Dr Svetlicinii currently is currently
a member of the following professional associations: Competition Law and
Regulation Academic Network, International League of Competition Law,
Academic Society for Competition Law, Asian Competition Forum, Italian
Society of Law and Economics, Competition Law Scholars Forum, and
European Law Institute. Research interests include: comparative competition
law, contract law, international business law and international economic law.

Mr. Marc Waha (Norton Rose, Hong Kong)
The Defence's View:
Investigations
Challenges of Responding to EU Cartel
Summary: The presentation highlights the challenges facing Asian companies
in their response to EU cartel investigations. From a substantive law
perspective, the prevalence of manufacturing and marketing joint ventures as
well as the loose forms of organisation of corporate groups in Asia give rise to
particular issues under the single economic unit doctrine. What may be
regarded as anticompetitive collusion under EU law may be perceived as
10
PROGRAMME OF COMPETITION LAW CONFERENCE
27-28 MARCH 2015
last updated: 26March2015
intragroup dealings by Asian businesses. Turning to procedural issues,
responding to a cartel investigation presents discrete corporate governance,
language, cultural and business challenges for Asian companies, which are
often slower to respond than their European counterparts. These will be
illustrated by way of practical examples in the context of leniency and
settlements procedures.
Bio: Marc Waha is a partner in Norton Rose Fulbright‟s the Asia Antitrust
Competition Team, based in Hong Kong. He also spends a significant amount
of time in Europe, representing Asian clients before the EU competition
authorities.
Marc advises international companies on emerging antitrust regimes in East
Asia, and Asian companies on global competition compliance issues, multijurisdictional merger filings and international cartel investigations including in
Asia. He has represented US, European and Asian clients active in a number of
industrial sectors.
His cartel work experience spans the air transport,
automotive, food, elevator, beverage, plasterboard, and chemicals industries.
He has also worked on a number of competition matters in Europe involving
alleged abuses of dominant position, cartel-like behaviour and state aid,
representing defendants before the European and national regulators as well as
before the General Court of the EU.
Marc regularly publishes and speaks at conferences on competition law issues
of relevance to Asia. He and the competition team have been involved in
training programmes for Asian competition regulators. Marc is ranked as a
leading lawyer, and our Asia Competition Team as a top tier competition
practice, in several guides including Chambers‟ Asia Pacific’s Leading Lawyers
for Business, Euromoney‟s Guide to leading lawyers, the Guide to the World’s
Leading Competition and Antitrust Lawyers, PLC‟s Which Lawyer?, Asialaw‟s
Leading Lawyers, Chambers Asia-Pacific and The International Who’s Who of
Competition Lawyers & Economists.
Marc is a member of the Bar in Brussels and New York. He is a registered
foreign lawyer in Hong Kong.
11